And it's a howler monkey at that. [More]
Aside from the obvious flaws in such a scheme, such as a disgruntled, jilted spouse, greedy kids who want to inherit, a new definition to accommodate "modern families", etc., there's this little thing called due process requiring someone to go through more than just a judge rubber stamping a politically desired outcome.
Not that Boxer cares about any of that. We all know the end game she wants.
Add to that in the Isla Vista killings, the family evidently didn't know their monster had guns, the sheriff never checked and everything was settled and hushed up nicely without resorting to California 5150 involuntary hold provisions.
I still believe lawyers will want to see all of the family's -- and the family attorney's -- communications with the sheriff's office beforehand, to see what extent their being connected and influential had on decisions made, and to determine the likelihood that a family of lesser position would have received the same considerations.
[Via Florida Guy]
Tuesday, June 03, 2014
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As it happens, I sent this to "my" senators earlier today. A little simplistic, but so are the senators:
Dear Senator [Shaheen and Ayotte],
In direct response to the entirely preventable knife, BMW, and gun attacks committed by a disturbed Elliot Rodger with a very long history of mental illness and assaults, one of your less intelligent colleagues has proposed legislation to gut due process and take arms away from people based on unsubstantiated accusation.
Senator Barbara Boxer's (Dimwit, Peoples Republic of California) "Pause for Safety Act" can most generously be described as a flawed and unconstitutional solution to public servants failing to do their jobs with existing tools. She claims this would help the police disarm dangerous people. But consider the actual facts:
Rodger had a long history mental illness. Reports have it that he was under professional care from the age of 8 onwards.
Rodger had a history of violence. Police considered him the aggressor in at least one previous assault in which he attempted to kill multiple people by pushing them from a ledge. Rodger's allleged violent history included other assaults. Yet police never arrested and charged him.
Weeks before Rodger's rampage, his family and his therapist reported FELONIOUS violent threats to the police and provided Rodger's own video-recorded threats as evidence. Instead of treating this as a report of FELONIOUS activity, the sheriff's office admitted they ignored the video evidence and treated the situation as a simple "wellness check" and dismissed professional and familial fears because the lunatic was "polite, courteous", after which Rodger documented the "investigation" and expressed his relief that they hadn't bothered looking for his stockpiled weapons and ending his murderous plans.
California law (as many states) already has specific allowance for taking someone into custody for proper mental health evaluation -- as Rodger's professional therapist asked. The tool that Boxer pretends she would provide to authorities ALREADY EXISTS. The sheriff's office simply did not want to bother, despite Rodger's violent history.
Federal law also ALREADY includes provisions for preventing those under indictment, restraining order, or adjudged mentally unstable obtaining firearms. All the authorities had to do was act on the early violent actions by Rodger or the reported (and supported by clear video evidence) feloniouis threatening.
Boxer's proposed legislation is unnecessarily and expensively duplicative of existing tools... if it did what she claims. In fact, it exploits the clear failure of the police to institute new constitutional infringements on people who have not done what Rodger spent months doing.
Please ensure Boxer's "Pause for Safety Act" is stopped before she spends more money we don't have to violate human and civil rights.
Sincerely,
Carl "Bear" Bussjaeger
Author: Net Assets, Bargaining Position, The Anarchy Belt, and more
Free Books, Craft How-To Articles:
www.bussjaeger.org/
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